# Prow Park Business Village, Treloggan Industrial Estate, Newquay

- **Decision:** dismissed, 27 August 2026
- **Decided by:** Planning Inspector: Lewis Condé
- **Authority:** Cornwall (South West)
- **Appeal reference:** 6002971
- **Application reference:** PA25/08160
- **Procedure:** written-representations
- **Development:** Refusal to discharge conditions 3 (landscaping), 4 (biodiversity management plan) and 5 (drainage) on a parking and container storage use
- **Site context:** settlement-edge
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** DM6
- **Main issues:** discharge of conditions
- **Tags:** tier-2, discharge-of-conditions, bng-unsecured, costs-refused

## Summary
Appeal against refusal to discharge three conditions. The landscaping details lacked specifications, the off-site biodiversity gain was not legally secured, and the drainage as built did not match the approved plan. Dismissed. The new Framework made "no changes material to this appeal" (DL ¶5).

## What made the difference
Off-site BNG "must be secured by a planning obligation or conservation covenant" (DL ¶15), and a condition requiring compliance with an approved drawing cannot be met by an "equally or more effective" alternative (DL ¶21). Costs applications from both sides were the subject of separate decisions (DL ¶2), so the `costs-refused` tag is unconfirmed.

## Policy findings
- **DM6: fail.** details did not satisfy conditions; off-site BNG at Perranporth Airport not secured by a s106 or conservation covenant; drainage not built to the approved drawing (DL 11-22)

## Key facts
- Off-site BNG relied on a letter of intent only
- ACO drains and manholes not where shown on the approved drawing

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/a953e907-ac14-49e2-a073-2e663483f3ff
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6002971

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6002971.html

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